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Rodriguez & Associates

Rodriguez & Associates

In order to deal with the shadow docket problem that has occurred in New York State, the New York State Court System has proposed a bill requiring an affirmation and certification at the initiation of the foreclosure lawsuit.  The requirement would mandate the attorneys representing the bank or the mortgage company to file a certificate of merit with the complaint, with copies of pertinent financial instruments, including the mortgage, promissory note and assignments that would have to accompany the certificate.  There would also be a requirement that the foreclosure action would have to be served within 20 days of filing, and proof of filing must be filed within 60 days.  Intentional non-compliance of the requirement could result in dismissal by the court.  The law’s goals are two fold: to make sure only meritorious cases are filed with proper documentation, and to assure that once the case is filed, they get to mandatory settlement conferences quickly.  The bill is designed to deal with the shadow docket of cases that are filed but never reach the mandatory conference because the current only requires the following of an affirmation during the law suit.

 

This information is included in Volume 247, number 100 of the New York Law Journal dated May 24, 2012.

 
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What's Being Said...

  • Please accept my note to say thank you for saving my property, I appreciate everything your office has done for me.
    – Chapter 13 client, John B.
  • We want to give you our heartfelt thanks for the good job you did for [our daughter]. We won not just because the facts were on our side-but mostly because the Judge appreciates that you are a perfect gentleman (not a heavy hitter).
    - Joan and Jim
  • I want to express our sincere thanks to you for being an outstanding attorney and for representing us for the duration of our 5 year chapter 13 payment plan. We very much appreciated having you stand by us for such a long period and being there for us in our times of need. We were blessed to have the privilege of being acquainted with your law firm.
    -Chapter 13 clients Philip & Connie
  • I wanted to thank you for your very professional help. You made the process much less emotionally painful for both me and my husband. The bankruptcy was certainly the best option for us. We have come out the other side with a release of all the stress we were feeling. We are also getting back on our feet financially.
    - Dawn
  • Ms. Smith completed her client satisfaction questionnaire. She was very happy with your service and her interaction with your staff. I wanted to pass this along to remind you how much we, and the people you help, appreciate you and your office. Thank you.
    - A letter from the Legal Aid Society
  • I am thankful and appreciate your professionalism and kindness through all our meetings. You took a horrible situation for me and made it a manageable one. I will always remember both you and your staff for all the help you extended to me.
    - Chapter 7 client, Sharon S.
  • Thank you for all of your words and understanding during my emotional tears throughout the roller coaster ride that wasn't letting me off. It was because of your hard work and dedication to my case that has finally stopped the roller coaster and has allowed me a fresh start. Thank you all from the bottom of my heart.
    – Mike and Deb
  • A million thanks for everything. It must feel good to know how much you are helping people!
    - Claudia
  • Thank you for all your help with my financial situation. I am starting to finally feel some relief. I would highly recommend you to any future clients.
    - Lynn

We are a debt relief agency proudly assisting persons file for bankruptcy under the Bankruptcy Code. We serve clients in Fulton County, Montgomery County, Saratoga County, Warren, Washington, Albany, Rensselaer, Essex and Hamilton Counties